Whether you’re a Corporate Counsel, an Insurance Adjuster, or in your own business, you know about litigation: it takes too long, it’s too adversarial, it’s too expensive, and it’s oftentimes too inefficient and the outcome too uncertain. Because of the enormity and complexity of the litigation process there are also factors over which you have little control. Will a jury or a judge understand? What if we win and they appeal? Do we really have the time, resources and financial coverage to undertake litigation?

There is an efficient alternative to the litigation process. It’s called Mediation. What is it? The Mediation process is a voluntary procedure in which the parties control their own case, but are assisted in their negotiations by a professional Mediator highly skilled in the art and science of negotiation.

The Mediator does not/cannot impose his/her will on the parties, and there is no third-party judge, jury or arbitrator who will decide the case. Instead, it is the parties who decide how their case is to be resolved.

Principles of negotiation and problem-solving which emphasize the long-term interests of the parties are the primary ingredients of the process. The Mediator acts as a catalyst and advocate for resolution of the dispute by: (1) assisting in the definition of the issues; (2) dissolving obstacles to communication; (3) exploring alternatives; and (4) helping the parties reach an agreement.

In most cases, the resolution to your conflict can be brought about in a very timely fashion, and, on terms that both parties to the dispute can live with, because they designed them together.

Cost and time, of course, are two of the biggest drawbacks to litigation. While a lawsuit can take two to three years to get to trial and cost tens if not hundreds of thousands of dollars, most mediations are resolved to the satisfaction of the parties in a matter of days for only a fraction of those costs.